APPROVED

TOWN OF PELHAM

ZONING BOARD OF ADJUSTMENT SPECIAL CALL MEETING

May 6, 2002

 

A Special Meeting was called by the Chairman to vote whether or not to grant a rehearing on Case #2216 requested by Ross Sargent.  This variance was denied at the March 11, 2002 meeting. 

 

The Chairman, Walter Kosik, called the meeting to order at approximately 5:55 pm.

 

 

PRESENT:

 

 

ABSENT:              

Walter Kosik, Edmund Gleason, Peter McNamara, Peter LaPolice, Alternate David Hennessey

 

George LaBonte, Jr., Jean-Guy Bergeron, Selectmen Representative

 

Mr. Kosik announced that Mr. Hennessey would be voting in Mr. LaBonte’s absence.

 

 

REQUEST FOR REHEARING

 

Case #2216 - ML 7-14-2 - SARGENT, Ross/Dutton Road - Appeal of a denied Variance to Article VII, Section 307-37 to permit a three bedroom residence be built within the 50’ wetland setback.

 

Request for the rehearing was submitted by Attorney William Mason on Mr. Sargent’s behalf. Mr. Mason submitted four reasons why the rehearing should be granted:

 

a)      It is my opinion that the lot for which the variance was requested is an existing lot of record and the Mr. McManus, as a matter of law, is entitled to a building permit.

b)      In further reviewing the lot with regard to the location of the WCD, it is my opinion that the location of the house may be further adjusted to increase the set back from 10-12’ to 28’.

c)       The flowage which presently impacts the lot can be mitigated if the drainage easement reviewed in the original subdivision was constructed. It is Mr. McManus’ desire not to further disturb the area by constructing that easement. In fact, some of the water that presently impacts this lot flows from abutting properties which do not have easement rights to dump water on my client’s land.

d)      I believe that the Board received misinformation from the Chairman of the Conservation Commission regarding resulting impacts from the development of this lot. If a rehearing were granted, I would be prepared to present information from certified individuals which would refute Mr. Yarmo’s assertions and provide the Board with accurate information upon which you could base this decision.

 

Mr. Gleason, Mr. McNamara and Mr. Hennessey stated that nothing had changed and no new evidence had been presented.

 

Mr. LaPolice stated that he would vote to grant a rehearing because in Mr. Mason’s letter paragraph (b) Mr. Mason stated that in his opinion the location of the house could be further adjusted to increase the set back from 10–12 feet to 28 feet. This was in regard to the location of the house in the Wetland Conservation District (WCD).

 

Mr. Kosik stated that he would vote to grant a rehearing because the process for a rehearing is designed to afford the Board an opportunity to correct its’ own mistakes, if there were any made.

 

A brief discussion concerning the granting or denying of the request took place.

 

 

MOTION:

 

VOTE:

(Gleason/McNamara) To deny the request for rehearing. 

 

(3-2-0) The motion carries.  Mr. Kosik and Mr. LaPolice voted no to deny the request.

 

REQUEST FOR REHEARING DENIED

 

 

The board moved to elect new officers for the coming year.

 

 

ELECTION OF OFFICERS

 

Mr. Kosik passed the Chair to Mr. Gleason so he could make a motion.

 

 

MOTION:                (Kosik/McNamara) To elect Mr. Gleason as Chairman.

 

Mr. Gleason respectfully refused the nomination.

 

 

MOTION:                (Kosik/McNamara) To elect Mr. LaPolice as Chairman.

 

VOTE:                   (4 – 0) with Mr. Hennessey not voting.

 

The motion carries.

 

 

MOTION:                (Kosik/LaPolice) To elect Mr. McNamara as Vice Chairman.

 

VOTE:                   (4 – 0) with Mr. Hennessey not voting.

 

The motion carries.

 

 

MOTION:                (Kosik/LaPolice) To retain the Board’s current Secretary, Mr. LaBonte.

 

VOTE:                   (4 – 0) with Mr. Hennessey not voting.

 

The motion carries. 

 

The new Board of Adjustment officers are as follows:

               

CHAIRMAN

Peter LaPolice

VICE CHAIRMAN

Peter McNamara

SECRETARY

George LaBonte, Jr.

               

 

ADJOURNMENT

 

The motion was made by Mr. Gleason and seconded by Mr. McNamara to adjourn the meeting.

 

 

The meeting was adjourned at approximately 6:15 pm.

 

                                                                                               

 

Respectfully submitted,

                               

                                                                                                Walter Kosik

 

 

 

 

Notice of this meeting was posted at the Town Hall, the Post Office and the Town Hall Annex on May 2, 2002.

 

 

 

WK/jlh